Opinion

Central Stock & Grain Exchange v. Board of Trade

  • 196 Ill. 396
  • 63 N.E. 740
Court
Illinois Supreme Court
Filed
Apr 16, 1902
Status
Published
Author
Boggs
On the bench
Boggs
Cited by
9 cases
Authority
More cited than 17.6%

The opinion

Mr. Justice Boggs: I concur in the judgment of affirmance herein. I, however, doubt the soundness of the proposition that if the privilege given by law to decline to answer a question is availed of, a presumption having probative force as evidence arises that the answer would have been unfavorable. Mr. Greenleaf, in his work on Evidence, (vol. 1,15th ed. p. 600,) says: “If the witness declines to answer, no inference of the truth of the fact is permitted to be drawn from that circumstance.” In notes 10 and / to the text a number of authorities are cited in support of the conclusion announced by the learned author.

There is authority for the view that if a party to a civil action voluntarily becomes a witness in his own behalf and in the course of his examination claims his privilege to refuse to answer a material and, aside from the privilege, a competent question, the circumstance may be considered and given the like effect as a refusal to produce the evidence which it is in his power to produce. (Andrews v. Fry, 104 Mass. 234 .) But I think the weight of authority is against the position that an adverse party may be called to take the stand as a witness in behalf of his adversary, and his declination to answer a question which he has a legal right to refuse to answer be seized upon as proof of the truth of a supposed fact which it might be implied an answer to the question would disclose.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.